Certificates of Good Conduct

1
Certificates of Good Conduct Relief from
Disability

• Anthony Lowery, Director of Policy, The Safer
  Foundation
• Todd Belcore, Equal Justice Works Fellow, Sargent
  Shriver National Center on Poverty Law
• Beth Johnson, Director of Criminal Records,
  Cabrini Green Legal Aid

2

• Overview of Training
• Framing the issue the need, the population, the
  solution.
• Eligibility for Certificates of Good Conduct
  (CGC) and Relief from Disability (CRD).
• Process Procedure for filing Certificates with
  the Circuit Court.
• Effect of Certificates and Putting the
  Certificates into Practice.
• Working with Clients and Fact Scenarios on How to
  Prove Rehabilitation.
• Next Steps.

3
Safer Foundation An Integrated Strategy
Safer is at the cross-section of four different
arenas Our ability to bring all the
stakeholders to the table is a crucial component
to being able to address and counteract some of
the major reentry and reintegration challenges
4
Safers Policy Work
Safer bases its interest in and commitment to
this area of work on the recognition that a
variety of policy and legislative obstacles exist
that obstruct the successful return of people
with criminal records to their communities. Safer
has come to understand that policies such as
these may unwittingly encourage recidivism and
reduce opportunities for self-sufficiency.
5
Timeline of Certificates
Former Illinois State Senator Barack Obama
introduced Senate Bill 0125, which stalled in the
Illinois Senate. In May 2003 the language from
SB 0125 was incorporated into Illinois House Bill
0569, which was signed into law and went into
effect January 2004.   The two types of
Certificates created by the legislation were (1)
a Certificate of Relief from Disabilities (CRD),
which helps restore eligibility for 15
occupational licenses, and (2) a Certificate of
Good Conduct (CGC), granted by the Prisoner
Review Board (PRB), which demonstrates
rehabilitation to employers.
2004 -Kimberly Lightford (D-Westchester) and
Illinois State Representative Arthur Turner
(D-Chicago), introduced legislation (Senate Bill
0948) that was signed into law August 12, 2004,
as Public Act 93-0914, to extend the original
list of 15 licenses covered under the original
Certificates law to 18.
2006 - Illinois Senate Bill 1279. Sponsored by
Illinois State Senator Terry Link and State
Representative Arthur Turner was introduced on
May 4, 2006. Governor Blagojevich signed the bill
into law as Public Act 094-1067 on August 1,
2006. The law, which became effective
immediately.   Expanded the pool of eligibility
for Certificates of Relief from Disabilities to
include individuals convicted not more than twice
of a felony. Persons convicted of crimes of
violence, criminal sexual offenses, or Class X
felonies continue to be ineligible. Expanded the
occupational licenses covered by Certificates of
Relief from Disabilities from the former 18 to 27.
6
Recent Updates

• Effective January 1, 2010, Public Act 96-130 made
  the following changes 
• Authority to review an individuals criminal
  history and grant petitions for Certificates of
  Relief from Disability and Certificate of Good
  Conduct was transferred from Illinois Prisoner
  Review Board to the Circuit Court where the
  person was sentenced
• The legislation significantly reduced the range
  of felony convictions which bar an individual
  from seeking a certificate
• A Circuit Court judge who grants a certificate of
  Certificate of Good Conduct has discretion to
  lift a multitude employment barriers imposed by
  state law, which were collateral consequences of
  the conviction  
• An employers, who hires an individual who
  obtained a certificate, is entitled to almost
  complete immunity from tort actions arising out
  of claims of negligent hiring
•  
• 2011- All new legislative procedures have been
  finalized with the Administrative Office and the
  Illinois Courts and Department of Professional
  and Financial Regulation. To expand access to
  people with records, Safer Foundation has sent
  certificates implementation processes information
  to all 102 counties in the state of Illinois.
  Since the inception of the legislation 133 people
  have applied for Certificate from Relief of
  Disability and 91 have been granted and 65 people
  have applied for Certificates of Good Conduct and
  34 have been granted.

7

• Framing the Issue
• Nearly 2.7 men and women in Illinois have
  criminal records.
• According to a recent study by the Society of
  Human Resource Management, 92 of employers use
  criminal background checks when making hiring
  decisions. 65 concede that mere arrests
  influence hiring decisions.
• 97 of employers are influenced by even the most
  minor convictions (non-violent, misdemeanor
  convictions).
• There is a 260 percent increase in the percentage
  of employers influenced when deciding to not make
  a job offer to individuals with non-violent
  felony convictions versus individuals with
  non-violent misdemeanor convictions

8

• What are Certificates of Good Conduct and Relief
  from Disability?
• Certificates provide a form or relief for those
  with past criminal convictions, to have a
  court-ordered finding or rehabilitation to aid in
  the search for employment.
• Certificates are issued to eligible offenders
  after a rehabilitation review before the
  circuit court after a finding by clear and
  convincing evidence that a person is
  rehabilitated. See Attachment 1 730 ILCS
  5/5-5.5-5, et. seq.
• There are two types of Certificates
  Certificates of Good Conduct (CGC) which can
  remove statutory employment barriers or
  Certificates of Relief from Disability (CRD)
  which can provide evidence to surpass
  discretionary licensing barriers issued by the
  Illinois Department of Regulation.

9

• Why Not Expungement or Sealing?
• Expungement is only available to those who have
  never been convicted of a criminal offense.
• Sealing is only available to minor, non-violent,
  non-sexual misdemeanor convictions and only three
  felony convictions in the State of Illinois.
• Of the 5,000 people per year seen at CGLAs Help
  Desk, over 50 do not qualify for full relief
  through expungement or sealing of criminal
  records.
• A pardon from the Governor is the only way for
  those with ineligible convictions to have a
  chance for the record to be expunged. That is a
  long-process without guarantees.
• Since taking office, Governor Quinn has granted
  718 pardons and denied 1,205. Nearly 3,000
  remain pending dating back through 2007.

10

• Who Can Apply Based on their Record?
• To petition the Court for a Certificates, a
  person must be an eligible offender as defined
  under 730 ILCS 5/5-5.5-5
• No limit to the number of felony convictions
  (certain rules of construction apply, regarding
  concurrent or same incident cases).
• No Class X felonies, aggravated driving under the
  influence, aggravated domestic battery or any
  offense that results in registration.
• No forcible felonies (murder, arson,
  kidnapping).
• No Aggravated Battery or other felony involving
  violence or physical force resulting in great
  bodily harm or permanent disability.
• HB 5771, Passed General Assembly 5/31/12, no
  limitation on number of convictions

Certificates Training
11

• Who Can Apply Based on the Person They Are?
• Good Conduct A court must make a specific
  finding of rehabilitation in that (1) the
  minimum period of good conduct is met (2) the
  relief to be granted is consistent with the
  rehabilitation of the petitioner and (3) the
  relief to be granted is consistent with the
  public interest. 730 ILCS 5/5-5.5-30(a).
• Relief from Disability A court must find, based
  on clear and convincing evidence, that (1) the
  relief to be granted is consistent with the
  rehabilitation of the petitioner, and (2) the
  relief to be granted is consistent with the
  public interest. 730 ILCS 5/5-5.5-15(b).

Certificates Training
12

• When Can a Person Apply?
• Good Conduct 2 years from the completion of the
  felony offense or one year for a misdemeanor.
  730 ILCS 5/5-5.5-30(c).
• The completion of the sentence is the date the
  person terminates probation, conditional
  discharge or is released from parole.
• Relief from Disability at the time the sentence
  is pronounced or anytime thereafter. 730 ILCS
  5/5-5.5-15(a)

Certificates Training
13

• How Does One Apply?
• Through a verified petition, filed with the
  circuit court in the county of conviction.
• Certificates are heard in a manner designated by
  the Chief Judge (all cases thus far in Chicago
  have stayed before the Presiding Judge).
• In Chicago, petitions are filed at the 5th Floor
  Clerks Office at 26th California, with no less
  than 5 days notice. The States Attorneys
  Office is served with a copy of the petition.
  See Attachment 2.
• Best practice also has us deliver a courtesy copy
  to the Judge in Room 101.

Certificates Training
14

• What is Contained in the Petition?
• Setting forth that a person is an eligible
  offender.
• Information about the criminal record, including
  rap sheet, court dispositions and any other
  supporting court documents.
• The employment bar (if any) that is sought
  through a CGC or the license sought through a CRD
  with the Department of Professional Regulation.
• Why the relief is (1) consistent with the
  rehabilitation of the petitioner and (2)
  consistent with the public interest. This
  depends on the particular circumstances of the
  conviction and the goals of the individual.
  Includes proof of rehabilitation.
• Sample Certificate of Good Conduct and Relief
  from Disability. See Attachement 3 and 4.

Certificates Training
15

• What Employment Bars Can Be Waived for CGCs?
• Any Illinois law that prohibits the hiring of
  individuals with certain convictions, with the
  exception of law enforcement. 730 ILCS
  5/5-5.5-25(a).
• Challenge to know the statutory bars, will be
  addressed through the Task Force on Employment
  Barriers, HB 297.
• Examples include the Illinois School Code, the
  Park District Code, the Metropolitan Transit Act,
  etc.
• This does not include unlicensed health care
  jobs, as there is a separate waiver process
  available through the Illinois Department of
  Public Health.
• Examples of victories include the Chicago Public
  Schools See Attachment 5 and School Bus
  Driver permits through the Secretary of State.

Certificates Training
16

• What Licenses Can a CRD Be Issued For?
• Animal Welfare Act, Illinois Athletic Trainers
  Practice Act, Barber, Cosmetology, Esthetics, and
  nail Technology Act of 1985, Boiler and Pressure
  Vessel Repairer Regulation Act, Professional
  Boxing Act, Illinois Certified Shorthand
  Reporters Act of 1984, Illinois Farm Labor
  Contractor Certification Act, Interior Design
  Title Act, Illinois Professional Land Surveyor
  Act of 1989, Illinois Landscape Architecture Act
  of 1989, Marriage and Family Therapy Licensing
  Act, Private Employment Agency Act, Professional
  Counselor and Clinical Professional Counselor
  Licensing Act, Real Estate License Act of 2000,
  Illinois Roofing Industry Licensing Act,
  Professional Engineering Practice Act, Water Well
  and Pump Installation Contractors License Act,
  Electrologist Licensing Act, Auction License Act,
  Illinois Architecture Practice Act of 1989,
  Dietetic and Nutrition Services Practice Act,
  Environmental Health Practitioner Licensing Act,
  Funeral Director and Embalmers Licensing Code,
  Land Sales Registration Act of 1999, Professional
  Geologist Licensing Act, Illinois Public
  Accounting Act, Structural Engineering Practice
  Act of 1989.

Certificates Training
17

• What Supporting Documents Are Included?
• Proof of Rehabilitation
• Letters of recommendation from family, friends,
  employers, pastors, community members, sponsors
  anyone who can attest to your clients character.
• Certificates, Degrees and Diplomas to show
  education and training.
• Information specific to the employment bar sought
  to be waived or the license sought through IDFPR.
  
• Proof of sobriety, treatment records and how a
  person maintains their sobriety.
• No rules of evidence apply in these cases

Certificates Training
18

• What Supporting Documents Are Included?
• Court Records
• Files should always be ordered for convictions.
  Useful information is included in those files, as
  well as supporting documentation.
• Need to know the allegations that were charged
  against your client, information that is
  available to the States Attorneys Office.
• Court Dispositions are good exhibits as well,
  which the Judge wants to see when ruling on
  petitions.
• Non-conviction records should only be ordered
  when crimes of violence, serious felony offenses
  or sex crimes involving violence. Nothing
  prohibits the Judge from considering these other
  records.

Certificates Training
19

• Where to Obtain Court Records
• Misdemeanor files for Chicago can be obtained at
  the Daley Center, 50 W. Washington, Room 1006.
• For cases 2008 and later, files can be obtained
  the same day.
• For 2008 and before, must order in person in Room
  1006 or potentially by calling 312-603-2288.
• Felony files for Chicago can be obtained at 26th
  California at the 5th Floor Clerks Office.
  Can order by calling 773-674-3152 and file
  arrives 3 day slater.
• Other criminal cases must be obtained from
  appropriate Clerks Office in the district/county
  where conviction occurred.

Certificates Training
20

• What Happens at the Hearing?
• Although hearings are scheduled for 9 a.m., they
  typically do not start until 945 at the
  earliest. Because they are heard before the
  Presiding Judge (or any judge sitting in for
  him), a lot of other business is handled in his
  court room in the morning.
• A rehabilitation review is conducted. You will
  present the case, but the Judge will interject at
  any time to ask you or your client questions
  directly there are no rules of evidence!
• Opening statements, presentation of evidence,
  testimony by the client and witnesses, closing
  arguments.
• The States Attorney is allowed to object and ask
  your client questions.

Certificates Training
21

• What Order is Issued?
• Good Conduct The order should state the same
  information proven up at the hearing eligible
  offender, what was proven by clear and convincing
  evidence, what employment bar was waived. See
  Attachment 6.
• Relief from Disability There is a form order
  available on the Clerks website, but it is
  inaccurate as to eligible offender. Encouraged
  to rewrite the order to accurately state who is
  an eligible offender. See Attachment 7.
• Should always include that the Certificates
  provides immunity from negligent hiring claims.

Certificates Training
22

• Putting the Certificate Into Practice
• Convictions still must always be disclosed, as
  the Certificate does not hide, alter, destroy or
  expunge the record.
• Good Conduct For specific employment bars, an
  attorney could write a letter explaining the
  legal relief to advocate for the hiring of the
  client. See Attachment 8. They must still apply
  to be considered.
• Relief from Disability A person applies for the
  specific license and upon review by the
  Department of Professional Regulation, the
  Certificate can be provided as additional
  evidence as to why the license should be granted.
  
• Certificates can be used generally to aid in the
  search for employment, providing certain benefits
  to the employer.

Certificates Training
23

• Benefits to the Employer
• An employer is not civilly or criminally liable
  for an act or omission by an employee who has
  been issued a certificate, except for a willful
  or wanton act by the employer in hiring the
  employee who has been issued a certificate.
  730 ILCS 5/5-5.5-15(f) (CRD) and 730 ILCS
  5/5-5.5-25(c) (CGC).
• A court has specifically found a person to be
  rehabilitated, adding assurance that the person
  is a good candidate despite the past criminal
  record.
• Removes statutory bars that would otherwise
  prevent the hiring of a qualified candidate.

Certificates Training
24

• Some Odd and Ends
• Certificates of Good Conduct can be granted for
  out of state convictions that meet the same
  criteria when there are specific sections of
  Illinois State law that have an adverse impact on
  the applicant and warrant the application for
  relief to be made in Illinois. 730 ILCS
  5/5-5.5-30(b)(1).
• Certificates of Good Conduct can be enlarged in
  the future to cover other employment bars. 730
  ILCS 5/5-5.5-30(d).
• Relief from Disability can be enlarged to cover
  other licenses. 730 ILCS 5/5-5.5-15(d).

Certificates Training
25

• Working with the Client
• Sensitivity to the challenges and frustrations
  felt by men and women struggling to support
  themselves and their families.
• Acknowledging clients feeling toward the goal of
  proving rehabilitation.
• Managing expectation of the relief to be granted.
  
• Helping to organize the client and bring out all
  the good that may or may not be recognized.
• Being the vehicle to help the client share their
  story.
• Awareness of mental health issues, history of
  abuse and history of sexual exploitation.

Certificates Training
26

• Fact Scenarios How to Prove Rehabilitation
• Drug Addiction

Certificates Training
27

• Fact Scenarios How to Prove Rehabilitation
• Selling Drugs

Certificates Training
28

• Fact Scenarios How to Prove Rehabilitation
• Violent Crimes

Certificates Training
29

• Fact Scenarios How to Prove Rehabilitation
• Theft-Related Offenses

Certificates Training
30

• Fact Scenarios How to Prove Rehabilitation
• Gang Affiliations

Certificates Training